Latest StarCaps ruling could lead to complete victory for the NFL

Posted by Gregg Rosenthal on June 23, 2010, 10:25 PM EDT

Earlier today, the Minneapolis Star Tribune reported that the Minnesota Court of Appeals refused to expedite the appeal filed by Vikings defensive tackles Pat and Kevin Williams after the denial of their attempt to block the suspension of their four-game suspensions. On the surface, this means that the temporary injunction blocking the suspensions will continue — and likely will extend beyond the 2010 season.

But there’s more to the story. Potentially, much more.

We’ve obtained a copy of the ruling. Though the Court did indeed refuse to expedite the appeal, the Court also explained that the NFL may file a motion to lift the injunction blocking the suspensions within the context of the players’ appeal.

In other words, there are two ways to skin the cat. First, the NFL can win the appeal outright. Second, the NFL can attempt to convince the Minnesota Court of Appeals that Judge Gary Larson should not have blocked the suspensions pending the finalization of the appeal.

So, basically, the NFL gets a second bite at the apple. Officially, the league has not yet decided to take that second bite.

“The Court noted that the NFL has the option to seek review sooner by
filing a motion to vacate the trial court’s ruling blocking the
suspensions,” the league said in an official statement provided to us by spokesman Greg Aiello. “We are studying the decision and will decide whether to
pursue that option.”

There’s an even more intriguing option that the league may pursue, in our assessment. At page 2 of the ruling, the Minnesota Court of Appeals says the following: “After completion of the court trial, the district court issued an order on May 6, 2010 denying the players’ request for a permanent injunction and dissolving the July 9, 2009 temporary restraining order. On May 25, 2010, the players filed an appeal . . . from the May 6, 2010 order.

“An appeal may be taken from an order which grants, refuses, or dissolves, or refuses to dissolve, an injunction. Minn. R. Civ. App. 103.03(b). We note that appeal A10-922 is taken only from the May 6, 2010 order denying injunctive relief. The players have not perfected an appeal from a final judgment on the merits.”

In other words, the Williamses potentially screwed up.

Instead of filing an appeal of the decision to dissolve the prior temporary injunction blocking the imposition of the suspension, the Williamses filed only an appeal of the order denying the permanent injunction. Though it potentially represents a tomato/tomahto distinction, the ruling seems to imply that an order denying a permanent injunction falls beyond the scope of the rulings that may be appealed — and that the Williamses erred by not appealing the order dissolving the existing injunction.

It’s technical legal mumbo-jumbo, but it’s the kind of esoteric issue on which many cases routinely are resolved.

Though Judge Larson could decide to give the Williamses another chance to properly appeal the case via a new final order from which a new appeal could be taken, he also could decide that they had their chance, that the ruling and the record stands as it is. Thus, the league likely will be filing with the Minnesota Court of Appeals a motion to dismiss the appeal in its entirety. Unless Judge Larson throws the Williamses a bone, today’s ruling implies that the Minnesota Court of Appeals could end up kicking out the case — and that the league could end up with a green light to suspend Pat and Kevin Williams before the 2010 season ends.

30 Responses to “Latest StarCaps ruling could lead to complete victory for the NFL”

JimmySmith&BobNelsonSnorkelEachOther says:Jun 23, 2010 10:32 PM

OK JimmySmith, BobNelson, it’s another Vikings article – you know the drill … post up your hate, spite, and jealousy … then back to what you do best you snorkeling lovebirds!

soberjoe says:Jun 23, 2010 10:34 PM

I always think of that candy “BottleCaps” when I read about StarCaps… The root beer flavor was the best

rovibe says:Jun 23, 2010 10:41 PM

Someday, that turd Goodell will write a whole book about the time he tried to suspend those mean Williamses in Minnesota, and how unfairly he was treated by the courts.

efangule says:Jun 23, 2010 10:42 PM

Bruce Allen’s heart just went aflutter!

Vaxman says:Jun 23, 2010 10:43 PM

WTF?? I feel my brain leaking out of my skull..

pistolpetey says:Jun 23, 2010 10:59 PM

Sorry Mike. They have 60 days to appeal. See Minn. R. Civ. App. 104.01.

c.carterhof says:Jun 23, 2010 11:03 PM

Suspend them now, or suspend them later. Makes me no nevermind, Vikes still have the best team.
You can hate all you want, but it doesnt change the fact.
Its only 4 games. J.Kennedy and F.Evans will fill in just fine.
We got the best RB (fumbles aside). A future HOF QB (and he still has it). A WR trio that is second to none. The best DL in the game. Cmon bring it! Anyone in the league!!!!

Brewster says:Jun 23, 2010 11:04 PM

“In other words, the Williamses potentially screwed up.”
___________
The Williamses screwed up nothing, nada, their attorneys possibly screwed up, but they didn’t.
Is is too painful as an attorney Florio to criticize the parties that actually possibly screwed up, the lawyers?

c.carterhof says:
“We got the best RB (fumbles aside). A future HOF QB (and he still has it). A WR trio that is second to none. The best DL in the game. Cmon bring it! Anyone in the league!!!!”
WR trio that is second to none? Sidney Rice is pretty good, but who the hell else could you be talking about? Percy Harvin isn’t better than a lot of #2 receivers on other teams, and I know you aren’t going to try and tell me that Bernard Berrian is worth anywhere near the amount the Vikes pay him.
In the interests of accuracy, I call B.S on touting the Vikes WRs as a spectacular unit. Stick to your other stuff, its more accurate.

Alleged_Free1 says:Jun 24, 2010 12:32 AM

I think this is funny. The NFL is in a lose lose situation. They can appeal to a Minnesota court? GOOD LUCK! The longer this stays in a Minnesota court, the more the Williams Wall will be playing. Pat will never see his suspension. He’s retiring next year. Just trade for Haynesworth, make Dan Snyder eat the majority of the money and the problem is solved. Plug fat Albert in there and let the Wall serve their suspensions 1 at a time. Then you have the replacement for when Phat Pat leaves.

PurpleNGold says:Jun 24, 2010 1:02 AM

I hope their attorneys read this

sukit100 says:Jun 24, 2010 3:15 AM

those fat asses are going down sooner or later. What I don’t get is why is there all the hate for Goodell. He is cleaning up the league and it was desperately needed. It is a job that is obviously not done yet. Williamses, Underwoods, Rothlisbergers and others have not learned yet. I suspect Goodell will break them sooner or later. Long live GOODELL!

.Vox Veritas. says:Jun 24, 2010 4:29 AM

“Suspend them now, or suspend them later. Makes me no nevermind, Vikes still have the best team.”
Yeah that’s never been true. Not now, not ever.

Florio-is-a-tool says:Jun 24, 2010 6:19 AM

I miss The Far Side. I wondered what Larson was doing with his time these days.

JimmySmith says:Jun 24, 2010 6:25 AM

The Vikings remain the only organization that enables its players to flaunt the NFL rules. Go back to when it originally happened, the Vikings were in the middle of a playoff hunt and could ill afford to lose its two players so they basically traded their souls to the devil. Once they went down that path, they lacked the courage and moral compass to do the right thing.
That folks, is why this organization has never won anything and its chances, despite the talent on its roster, are screwed for 2010. That, and employing the village idiot for the head coaching position.

8man says:Jun 24, 2010 7:21 AM

The NFL always wins.
What changes are the losers at that particular time.

AlwaysSunnyInSD says:Jun 24, 2010 8:05 AM

I heart JimmySmith.

JimmySmith&BobNelsonSnorkelEachOther says:Jun 24, 2010 8:24 AM

Thanks for the spiteful post JimmySmith! Now go see your lover BobNelson and snorkel down your coc*meat sandwich!!

Ralph says:Jun 24, 2010 8:25 AM

Another maroon that thinks the team is responsible for the players’ lawsuit, I always wonder if ignorance hurts.

Blackbeard says:Jun 24, 2010 9:17 AM

The deal is…the players took Starcaps, and Starcaps was approved by the NFL. Then Starcaps changed the formula without noting it on the label and put the banned substance in. The NFL found the banned substance in the bodies of the Vikings Williams tackles. They knew they did not take any unapproved supplements, and found out that Star Caps changed their formula. The NFL said too bad we are suspending you anyways…and that is what the fight is about…the rest is just lawyering and posturing….
I am not a Viking fan, but the drug is a masking agent, but they did not even know they were taking it, so what advantage did it bring them?
Instead of spending all this money in court they should have agreed to a punishment that did not include any game suspensions and be done with it.

minnesconsin_ad says:Jun 24, 2010 9:47 AM

Alleged_Free1 says:
June 24, 2010 12:32 AM
…Pat will never see his suspension. He’s retiring next year. Just trade for Haynesworth, make Dan Snyder eat the majority of the money and the problem is solved. Plug fat Albert in there and let the Wall serve their suspensions 1 at a time.////
the vikings and their fans may be the only group of idiots left on the planet who still think haynesworth might be a “good idea.” best of luck with that one guys!

PurpleRaid12 says:Jun 24, 2010 9:53 AM

Jimmy, the thing you don’t understand, aside from everything football, is that every team has players that get around accusations. Quit acting like the Vikings only deserve the blame for that, nothings happening to Underwood, regardless of whether he’s your hero now or not. However, the fact that this case HAS gone on for over 2 years, been through several different courts, I’m pretty sure it’s safe to assume the NFL’s side didn’t have enough evidence to prove anything. But if you’re disappointed about the ‘justice’ no worries, you’ll get to see Johnny Jolly go to jail/get suspended.

Vikesrulejimmysucks says:Jun 24, 2010 10:23 AM

Vikes rule and Jimmy smith you suck….that is all

JimmySmith says:Jun 24, 2010 10:53 AM

@PurpleRaid12
Just for the record, I hope the Packers cut Underwood and trade Jolly, kinda make a statement as to the level of behavior that is demanded to wear a Packer uniform, unlike the Vikings and Loveboat where everyone buries their head in the sand and then publishes a meaningless team code that gets promptly ignored.
But I do agree, Jolly deserves his day in court. It could be there is not enough evidence, not saying he is innocent, but not deserving of jail either.

c.carterhof says: June 23, 2010 11:03 PM
“Suspend them now, or suspend them later. Makes me no nevermind, Vikes still have the best team.
You can hate all you want, but it doesnt change the fact. ”
Isn’t it a “fact” that the “best team” should have at least one Lombardi Trophy in its trophy case, c.carterhof? And we don’t “hate” your pathetic band of perennial losers, we “pity” them.

imalwaysright says: “Wow, Jimmy really gets under Viking fans skins. I love it. Well done. Vikings suck”
Wow you ARE always right! Like just now when you announced you a first-class as$kisser! Thanks for wiping Jimmy’s sh1t off your brown nose long enough to be right again!
Nothing personal